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(영문) 서울남부지방법원 2015.11.12 2015가합104436
약정금
Text

1. The Defendant’s KRW 242,186,00 for the Plaintiff and KRW 5% per annum from August 29, 2014 to November 12, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that engages in the wholesale business and repair business of medical devices, and the Defendant is the person who operates a hospital in mutual name.

B. 1) On February 2, 1999, the Plaintiff supplied surgery items to the Defendant from February 2, 199. 2) In particular, on November 7, 2007, the Plaintiff delivered the said machinery to the Defendant around December 8, 2007, by selling X-sier (hereinafter “instant machinery”) to the Defendant for KRW 400,000,00,000.

3) Meanwhile, between January 2008 and August 2014, the Plaintiff’s goods used in hospital (hereinafter “instant goods”) to the Defendant totaling KRW 91,575,000 among several occasions.

(C) On December 9, 2009, the Plaintiff entered into a contract for maintenance and repair of the instant machinery between the Plaintiff and the Defendant, etc. (i) the maintenance and repair between the Defendant and the Defendant, etc., on the following terms:

(hereinafter “instant maintenance and repair contract”). Article 2 (Period of Validity) of the present contract is from January 1, 2010 to December 31, 2010.

Article 4 (Maintenance and Repair Fees) The maintenance and repair fees of this Agreement shall be attached A, and all maintenance and repair shall be implemented by the plaintiff.

Article 5 (Payment Method of Maintenance and Repair Fees) The plaintiff shall claim the defendant for the maintenance and repair fees according to the separate lottery, and the defendant shall pay in cash within 31 days from the date of receipt of the claim, unless there is any special reason.

Article 6 (Contents of Maintenance and Repair) The Plaintiff shall provide prevention, maintenance and repair under the terms and conditions of this Agreement as follows:

(1) (Prevention and Maintenance) The defendant shall conduct preventive maintenance so that the plaintiff can utilize the equipment normally as agreed upon during the defendant's regular working hours on a regular basis, and notify the defendant of the result thereof.

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